Part 2The Royal Botanic Gardens and Domain
Trust
5Constitution of Trust
(1)
There is hereby constituted a corporation with
the corporate name “Royal Botanic Gardens and Domain
Trust”.
(2)
The Trust shall have and may exercise and perform
the powers, authorities, duties and functions conferred or imposed on it by or
under this or any other Act.
(3)
In the exercise and performance of its powers,
authorities, duties and functions the Trust shall be subject to the control
and direction of the Minister.
(4)
The Trust shall, for the purposes of any Act, be
deemed to be a statutory body representing the Crown.
6Appointment and procedure
(1)
The Trust shall consist of 7 trustees, who shall
be appointed by the Governor on the recommendation of the
Minister.
(2)
Schedule 1 has effect.
s 6: Am 1983 No 9,
Sch 1 (1).
7Principal objects of Trust
(1)
The principal objects of the Trust
are—
(a)
to maintain and improve the Trust lands, the
National Herbarium and the collections of living and preserved plant life
owned by the Trust,
(b)
to increase and disseminate knowledge with
respect to the plant life of Australia, and of New South Wales in particular,
and
(c)
to encourage the use and enjoyment of the Trust
lands by the public by promoting and increasing the educational, historical,
cultural and recreational value of those lands.
(2)
When acting in pursuance of its objects, the
Trust shall give particular emphasis to encouraging and advancing the study of
systematic botany, and to plant conservation.
s 7: Am 1996 No 20,
Sch 1 [1].
8Powers of Trust
(1)
The Trust may—
(a)
permit the use of the whole or any part of the
Trust lands for activities of a scientific, educational, historical, cultural
or recreational nature,
(b)
in or in connection with the Trust lands provide,
or permit the provision of, food or other refreshments and apply for, hold or
dispose of any licence, permit or other authority in connection
therewith,
(c)
in pursuance of its objects, procure specimens
and obtain scientific data from within or outside the
State,
(d)
maintain, or make arrangements for the
maintenance of, the property of the Trust,
(e)
in pursuance of its objects, carry out surveys,
assemble collections and engage in scientific research, including research
outside the State, with respect to botany and ornamental
horticulture,
(f)
disseminate scientific information to the public
and educational and scientific institutions, whether within or outside the
State,
(g)
promote and provide exhibits, lectures, films,
publications and other types of educational instruction relating to botany and
ornamental horticulture,
(h)
subject to the regulations, charge and receive
fees or other amounts for, or in connection with, any service provided,
article sold or permission given by the Trust in its exercise of any of the
powers granted to it by this section, which fees or other amounts shall be the
property of the Trust, and
(i)
enter into any contract or arrangement with any
person for the purpose of promoting the objects of the
Trust.
(2)
Subject to this Act and the regulations, the
Trust shall have the control and management of all property vested in the
Trust.
(3)
The Trust may agree to any condition that is not
inconsistent with its objects being imposed on its acquisition of any
property.
(4)
Where, by gift inter vivos, devise or bequest,
the Trust acquires property, it may retain the property in the form in which
it is acquired, subject to any condition agreed to by the Trust under
subsection (3) in relation to the property.
(5)
The rule of law against remoteness of vesting
does not apply to a condition to which the Trust has agreed under subsection
(3).
(6)
The Stamp Duties Act
1920 does not apply to or in respect of any gift inter
vivos, devise or bequest made or to be made to the
Trust.
(7)
The Trust may establish such committees as it
thinks fit for the purpose of assisting it to exercise and perform its powers,
authorities, duties and functions.
(8)
A person may be appointed to a committee whether
or not the person is a trustee.
(9)
The Trust may establish, control and manage
branches or departments with respect to the Trust lands, or any part
thereof.
(10)
The Trust shall have, and may exercise and
perform, such powers, authorities, duties and functions, in addition to those
specified in this section, as are reasonably necessary for the attainment of
its objects, but may borrow money only in accordance with Part
4.
(11)
s 8: Am 2006 No 2,
Sch 4.57 [2]; 2015 No 15, Sch 3.52 [2].
9Disposal of certain land prohibited
The Trust must not sell, mortgage or otherwise
dispose of any part of the Trust lands described in Schedule 2, but may deal
with any part of them in accordance with section 20.
s 9: Subst 1996 No
20, Sch 1 [2].
10Dealings with certain property
(1)
In this section, condition means a condition
to which the Trust has agreed under section 8 (3).
(2)
Subsection (3) does not apply to the Trust lands
described in Schedule 2.
(3)
Subject to subsection (4), the Trust shall not
sell, mortgage, demise or otherwise dispose of any property acquired by gift
inter vivos, devise or bequest, or any real property otherwise acquired,
except—
(a)
where the property was acquired without any
condition—with the approval of the Governor (which may be given in
respect of any case or class of cases), or
(b)
where the property was acquired subject to a
condition—in accordance with the condition or section
11.
(4)
Subject to section 8 (4), and except to the
extent that it would be in breach of a condition, the Trust shall invest any
of its funds not immediately required for the purposes of the Trust in any
manner authorised by law for the investment of trust
funds.
11Disposal of certain property
(1)
Subject to subsection (2), where the Trust
resolves that any property that has been acquired by the Trust subject to a
condition to which the Trust has agreed under section 8 (3) is not required
for the purposes of the Trust, the Trust may—
(a)
sell the property and retain the proceeds of the
sale as property of the Trust,
(b)
exchange the property for other
property,
(c)
give the property to an educational or scientific
institution, or
(d)
if the Trust is of the opinion that the property
is of no commercial value—dispose of the property without valuable
consideration,
notwithstanding the condition subject to which the
property was acquired.
(2)
The Trust shall not sell, exchange, give or
dispose of any property under subsection (1) except with the consent of the
Governor and in accordance with any condition the Governor may impose upon the
grant of consent.
(3)
The Governor may consent to the sale, exchange,
gift or disposal of property for the purposes of this section and may impose
any condition the Governor thinks fit upon the grant of
consent.
Part 5Miscellaneous
19Vesting of certain land in Trust
(1)
The land described in Parts 1, 2 and 3 of
Schedule 2 shall vest in the Trust for an estate in fee
simple.
(1A)
Land described in Part 1, 2 or 3 of Schedule 2 is
freed and discharged from any trusts, obligations, estates, interests, charges
and rates which existed in respect of the land immediately before a
description of the land was first inserted in that
Schedule.
(1B)
The Governor may, by proclamation published on
the NSW legislation website, amend Schedule 2 for the purpose of
adding—
(a)
Crown land, within the meaning of the Crown Land Management Act 2016, or other
land of the Crown, or
(b)
Trust lands which are not described in Part 1, 2
or 3 of that Schedule,
to the land for the time being described in Part 1, 2 or
3 of that Schedule.
(1C)
A proclamation that adds any of the land
described in Part 5 of Schedule 2 to Part 1 or 2 of that Schedule also has the
effect of excluding the land from Part 5 of that
Schedule.
(2)
Notwithstanding anything contained in any other
Act, the land described in Parts 1, 2 and 3 of Schedule 2 shall not be
appropriated or resumed except by an Act of Parliament.
(3)
Nothing in this section affects the operation
of—
(a)
section 12B of the Government Railways Act
1912, with respect to the land described in Part 1 or 2 of
Schedule 2, or
(b)
clause 3 (2) (e) of Schedule 3, with respect to a
deed of lease in force immediately before the commencement of this section
that relates to any part of that land.
(4)
Notwithstanding subsection (1A), the land
described in items 1 and 2 of Part 3 of Schedule 2 shall vest in the Trust
subject to the same reservations and conditions as those contained in the
Crown Grant of Portion 68 of the Parish of Irvine in the County of Cook dated
25 February 1836.
(5)
Notwithstanding subsection (1A), land (in this
subsection referred to as proclaimed land) added
to the land described in Part 1, 2 or 3 of Schedule 2 by a proclamation
published under subsection (1B) shall vest in the Trust subject to such
trusts, obligations, estates, interests, charges and rates, if any, as are
declared in the proclamation to be applicable to or in respect of the
proclaimed land.
(6)
Subsection (1A) does not affect any condition
agreed to by the Trust under section 8 (3) in relation to any land to which
subsection (1A) applies.
s 19: Am 1985 No 3,
Sch 1 (1); 1997 No 131, Sch 1 [3]; 2009 No 56, Sch 4.61; 2017 No 17, Sch
4.86.
19AFacilitation of Sydney Metro West
(1)
Despite section 19(2), the substratum of the
Trust lands, or a part of the substratum of the Trust lands, may be acquired
by Sydney Metro for underground rail facilities in relation to the Sydney
Metro West.
(2)
In this section—
underground rail
facilities has the same meaning as in the Transport Administration Act 1988,
Schedule 6B.
s 19A: Ins 2022 No
50, Sch 1.
20Grant of leases, licences and
easements
(1)
In this section, easement includes an easement
without a dominant tenement referred to in section 88A of the Conveyancing Act
1919.
(2)
The Trust may, from time to time and upon such
terms and conditions as are approved by the Minister, grant—
(a)
a lease of any part of the Trust lands for a
commercial purpose (such as a restaurant), or any other purpose, that would
directly or indirectly assist in attaining the objects of the Trust,
and
(b)
easements through, upon or in the Trust lands
described in Schedule 2—
(i)
for the construction of pipelines, the laying or
re-laying of cables or the construction of any apparatus to be used in
connection with those pipelines or cables,
(ii)
for the purpose of providing access to the
dwelling situated on or within those lands or to other places situated within
or adjacent to those lands, or
(iii)
for any other purpose it considers necessary and
that would directly or indirectly assist in the attainment of its objects,
and
(c)
licences authorising entry upon the Trust lands
described in Schedule 2 for the purpose of the maintenance, re-laying or
repair of any pipelines or cables or the maintenance or repair of any
apparatus used in connection therewith, being pipelines, cables or apparatus
situated on or in those lands at the commencement of this section, or for any
other purpose that would directly or indirectly assist in the attainment of
its objects.
(3)
A lease granted pursuant to subsection (2) (a)
may not have a term that, together with the term of any further lease which
may be granted pursuant to an option contained in the lease, exceeds 8
years.
(4)
Sections 88A and 181A of the Conveyancing Act 1919 apply to and in
respect of an instrument purporting to grant an easement under subsection
(2).
s 20: Am 1985 No 3,
Sch 1 (2); 1996 No 20, Sch 1 [3] [4]; 1997 No 17, Sch 2.6; 1999 No 71, Sch 1
[1]–[3].
20APower to grant certain longer-term
leases
(1)
A lease granted under section 20 (2) for the
purpose of a restaurant or café may be for any term that, together with
the term of any further lease that may be granted on the exercise of an option
contained in the lease, does not exceed 10 years.
(2)
A lease in respect of any of the following parts
of the Trust lands may be granted under section 20 (2) for any term that,
together with the term of any further lease that may be granted on the
exercise of an option contained in the lease, does not exceed 50
years—
(a)
such part of the Trust lands described in Part 2
of Schedule 2 as was, immediately before the commencement of this section,
used for the purposes of, or for purposes connected with, the operation and
maintenance of the car parking station known as the Domain Parking Station
(including the moving footway leading to that car parking
station),
(b)
such part of the Trust lands described in Part 2
of Schedule 2 as, immediately before the commencement of this section,
contained the fuel oil installations constructed by or on behalf of the
Commonwealth, together with such other part of those lands as may be necessary
for the purposes of, or for purposes connected with, the use of that
land,
(c)
such parts of the Trust lands described in Part 2
of Schedule 2 as were, immediately before the commencement of this section,
used to support the land bridge erected, near the Art Gallery of New South
Wales, over part of the road link (or the proposed road link) between the
Cahill Expressway and Mill Pond Road, Botany, known as the Eastern
Distributor,
(d)
such parts of the Trust lands described in Part 2
of Schedule 2 as were, immediately before the commencement of this section,
used for the purposes of, or for purposes connected with, the operation and
maintenance of the swimming pool known as the Andrew “Boy”
Charlton Pool, together with such other part of those lands as may be
necessary for the purposes of, or for purposes connected with, the operation
and maintenance of that pool as redeveloped as a result of the competition
known as the Andrew “Boy” Charlton Pool Architectural
Competition conducted by the Council of the City of Sydney in
1998,
(e)
such parts of the Trust lands described in Part 2
of Schedule 2 as are the subject of the development consent granted by the
Council of the City of Sydney in relation to Development Application No
D97-00511 made by City Projects Division of The City of Sydney and dated 1
August 1997 (concerning the redevelopment of the lands known as Cook and
Phillip Parks).
(3)
The Minister is to consult the Treasurer in
relation to—
(a)
the use to which the land referred to in
subsection (2) (a) and (b) is to be put under a future lease or licence,
and
(b)
the terms and conditions of any proposed lease,
or licence for the use, of that land.
(4)
The Trust must not, after the commencement of
this section—
(a)
call for expressions of interest in the use,
under a future lease or licence, of the land referred to in subsection 2 (a)
or (b), or
(b)
grant a lease, or a licence for the use, of that
land,
unless the Minister has consulted the Treasurer (as
required by subsection (3)) in relation to the proposed use of the land, or
the proposed lease or licence, concerned.
(5)
Further, the Trust must not, after the
commencement of this section, grant a lease of any Trust lands
unless—
(a)
it has given public notice of the proposed lease
in accordance with subsections (6) and (7), and
(b)
it has considered any submissions duly made to it
under subsection (8), and
(c)
it has given to the Minister, when seeking the
Minister’s approval of the terms and conditions of the proposed lease,
copies of any submissions objecting to the proposed
lease.
(6)
The Trust must—
(a)
give public notice of a proposed lease by means
of a notice published in a manner determined by the Trust,
and
(b)
exhibit notice of the proposed lease on the Trust
lands concerned.
(7)
A notice of a proposed lease must include the
following—
(a)
information sufficient to identify the Trust
lands concerned,
(b)
the purpose for which the Trust lands will be
used under the proposed lease,
(c)
the term of the proposed lease (including
particulars of any options for renewal),
(d)
the name of the person to whom it is proposed to
grant the proposed lease (if known),
(e)
a statement that submissions in writing
concerning the proposed lease may be made to the Trust during the period
(which must be at least 28 days) specified in the
notice.
(8)
Any person may make a submission in writing to
the Trust during the period specified for the purpose in the
notice.
(9)
It is sufficient compliance with subsection (3)
if the Minister—
(a)
notifies the Treasurer in writing
of—
(i)
any proposed use of the land concerned under a
future lease or licence, and
(ii)
the terms and conditions of any proposed lease,
or licence for the use, of that land, and
(iii)
if copies of any submissions relating to a
proposed lease of that land have been given to the Minister under subsection
(5) (c)—the substance of those submissions,
and
(b)
takes into consideration any comments received
from the Treasurer within 28 days after the notification is
given.
s 20A: Ins 1999 No
71, Sch 1 [4]. Am 2018 No 25, Sch 2.31.
20BPower to accept lease or licence relating to certain
land
The Trust may, with the consent of the Minister,
from time to time enter into an agreement as lessee, sub-lessee or licensee in
respect of the upper surface, and the airspace above the upper surface, of the
land bridge erected, near the Art Gallery of New South Wales, over part of the
road link (or the proposed road link) between the Cahill Expressway and Mill
Pond Road, Botany, known as the Eastern Distributor.
s 20B: Ins 1999 No
71, Sch 1 [4].
20CRequirements relating to grant of licence or
easement
(1)
No later than 3 months after the commencement of
this section, the Trust must publish on the Internet site maintained by the
Trust a statement that—
(a)
outlines the criteria by which the Trust assesses
proposals or requests for grants of licences for the use of, or easements
through, on or in, Trust lands, and
(b)
states that any person may, at any time, make a
submission in writing to the Trust in relation to those criteria,
and
(c)
specifies the number of licences and easements
granted by the Trust during the immediately preceding financial year,
categorised according to their purpose and impact on Trust lands and
(additionally, in the case of licences) their
duration.
(2)
The statement must be permanently available on
the Internet and a written copy of the statement must be permanently available
for inspection by the public at the offices of the Trust during ordinary
business hours.
(3)
The Trust may update the statement as it sees
fit, and must update it at least once in every financial
year.
(4)
In updating the statement, the Trust must take
into consideration any submissions received.
s 20C: Ins 1999 No
71, Sch 1 [4].
21Facilitation of redevelopment of Conservatorium of
Music
(1)
Nothing in this Act prohibits or
restricts—
(a)
the carrying out, on any land for the time being
included in Part 5 of Schedule 2, of development (within the meaning of the
Environmental Planning and Assessment Act
1979) that may be carried out on that land in accordance
with that Act with or without development consent, or
(b)
the granting by the Trust of a lease, easement or
licence of any of that land for any term, or any other approval, to allow any
such development to be carried out, or
(c)
the sale or other disposal by the Trust, or the
acquisition from the Trust, of any part of that land that is not included in
Part 1 or 2 of that Schedule by a proclamation under section
19.
(2)
While land is included in Part 5 of Schedule 2,
it vests in the Trust for an estate in fee simple freed and discharged from
any trusts, obligations, estates, interests, charges and rates that existed in
respect of the land before 1 July 1980 (the date of commencement of this
Act).
(3)
Subsection (2) does not affect any estate or
interest in land created by section 12B of the Government Railways Act
1912.
s 21: Rep 1996 No 20,
Sch 2 [4]. Ins 1997 No 131, Sch 1 [4].
22Regulations
(1)
In this section, a reference to the Trust lands
includes a reference to any part of the Trust lands.
(2)
The Governor may make regulations, not
inconsistent with this Act, for or with respect to any matter that by this Act
is required or permitted to be prescribed or that is necessary or convenient
to be prescribed for carrying out or giving effect to this Act and, in
particular, for or with respect to—
(a)
the use and enjoyment of the Trust
lands,
(b)
the care, control and management of the Trust
lands,
(c)
the securing of decency and order upon the Trust
lands,
(d)
the removal of trespassers and persons causing
annoyance or inconvenience upon the Trust lands,
(e)
the regulation or prohibition of the taking of
intoxicants onto, and the consumption thereof upon, the Trust
lands,
(f)
the taking of animals on to the Trust lands or
the permitting or suffering of animals to be on the Trust
lands,
(g)
the regulation or prohibition of parking, camping
or residing on the Trust lands,
(h)
the regulation or prohibition of the use of
formed roads or paths within the Trust lands,
(i)
the regulation or prohibition of private trading
upon or in connection with the Trust lands,
(j)
the reservation of the Trust lands for such
separate or exclusive uses as the regulations may
prescribe,
(k)
the use of property or services provided by the
Trust,
(l)
the preservation or protection of, or prevention
of damage to, living or preserved plant life on the Trust
lands,
(m)
the protection or removal of all dead timber,
logs and stumps on the Trust lands, whether standing or
fallen,
(n)
the preservation, protection or removal of any
rocks, soil, sand, stone or other similar substances on or under or comprising
part of the Trust lands,
(o)
the preservation or protection of any animals,
birds and other fauna of any nature whatever and whether natural to or
introduced into the Trust lands,
(p)
the determination and payment of fees
for—
(i)
using or entering upon the Trust lands or
improvements thereon, or any specified part of the Trust lands or
improvements,
(ii)
filming or photographing for cinema or
television, or any similar commercial purpose, within the Trust
lands,
(iii)
using or purchasing any written material that is
the property of the Trust,
(iv)
parking, camping or residing on the Trust lands,
and
(v)
such other matters as the Trust may, from time to
time, determine,
(q)
the meetings of the Trust,
(r)
the committees of the Trust,
and
(s)
the use of the common seal of the
Trust.
(3)
A provision of a regulation may—
(a)
apply generally or be limited in its application
by reference to specified exceptions or factors,
(b)
apply differently according to different factors
of a specified kind, or
(c)
authorise any matter or thing to be from time to
time determined, applied or regulated by a specified person or
body,
or may do any combination of those
things.
(4)
A regulation may impose a penalty not exceeding
10 penalty units for any breach of a regulation.
s 22: Am 1992 No 112,
Sch 1; 1996 No 20, Sch 1 [5] [6]; 2004 No 55, Sch 1.36.
22ALiability of vehicle owner for parking
offences
(1)
If a parking offence occurs in relation to any
vehicle, the person who at the time of the commission of the offence was the
owner of the vehicle is, by virtue of this section, guilty of an offence
against the regulation concerned as if the person were the actual offender
guilty of the parking offence, unless—
(a)
in any case where the offence is dealt with under
section 22B, the person satisfies an officer described in the notice served
under that section that the vehicle was at the relevant time a stolen vehicle
or a vehicle illegally taken or used, or
(b)
in any case where the offence is dealt with by a
court, the court is satisfied that the vehicle was at the relevant time a
stolen vehicle or a vehicle illegally taken or used, or
(c)
the person is exonerated under subsection (2) or
(3).
(2)
An owner of a vehicle is not, by virtue of this
section, guilty of an offence if, in any case where the offence is dealt with
under section 22B, the person—
(a)
within 21 days after service on the person of a
notice under that section for the offence, gives a prescribed officer referred
to in the notice an approved nomination notice containing the name and address
of the person who was at all relevant times in charge of the vehicle,
or
(b)
satisfies that prescribed officer that the person
did not know and could not with reasonable diligence have ascertained that
name and address.
(3)
An owner of a vehicle is not, by virtue of this
section, guilty of an offence if, in any case where the offence is dealt with
otherwise than under section 22B, the person—
(a)
within 21 days after service on the owner of a
court attendance notice for the offence, gives the informant an approved
nomination notice containing the name and address of the person who was at all
relevant times in charge of the vehicle, or
(b)
satisfies the court that the person did not know
and could not with reasonable diligence have ascertained that name and
address.
(3A)
Despite any other provision of this Act, an
approved nomination notice may be provided by the owner of a vehicle served
with a notice under section 22B within 90 days of the notice being served on
the owner if the approved nomination notice is provided in the circumstances
specified in section 23AA or 23AB of the Fines Act
1996.
(3B)
If the owner of a vehicle gives an approved
nomination notice to a prescribed officer or informant for the purposes of
this section, a prescribed officer or informant may, by written notice served
on the owner, require the owner to supply a statutory declaration for use in
court proceedings that verifies the nomination contained in the approved
nomination notice.
(4)
A statutory declaration under subsection (3B), if
produced in any proceedings against the person named in it and in relation to
the offence in respect of which the statutory declaration was supplied, is
evidence that that person was in charge of the vehicle at all relevant times
relating to that offence.
(5)
An approved nomination notice or a statutory
declaration that relates to more than one offence is not an approved
nomination notice or a statutory declaration under, or for the purposes of,
this section.
(6)
Nothing in this section affects the liability of
the actual offender, but where a penalty has been imposed on or recovered from
any person in relation to a parking offence, no further penalty may be imposed
on or recovered from any other person in relation to that
offence.
(7)
In this section—
approved nomination
notice has the same meaning as in section 38 of the Fines Act 1996.
owner of a vehicle includes the
responsible person for the vehicle within the meaning of the Road Transport Act 2013.
parking offence means
any offence of causing or allowing a vehicle to stand in contravention of the
regulations.
s 22A: Ins 1996 No
20, Sch 1 [7]. Am 1997 No 119, Sch 2.25 [1] (as am by 1998 No 26, Sch 1 [13])
[2]; 1999 No 19, Sch 2.40 [1] [2]; 2005 No 11, Sch 3.38; 2013 No 19, Sch 3;
2016 No 13, Sch 2.12 [1]–[6].
22BPenalty notices
(1)
An officer prescribed by the regulations may
issue a penalty notice to a person if it appears to the officer that the
person has committed (or is, by virtue of section 22A, guilty of) an offence
against the regulations.
(2)
A penalty notice that relates to an offence of
which the owner of a vehicle is guilty by virtue of section 22A may be issued
to the owner by being addressed to the owner (without naming the owner or
stating the owner’s address) and being left on, or attached to, the
vehicle. This subsection does not limit the manner in which any such penalty
notice may be issued under section 21 of the Fines Act
1996.
(3)
The Fines Act
1996 applies to a penalty notice issued under this
section.
Note—
The Fines Act
1996 provides that, if a person issued with a penalty
notice does not wish to have the matter determined by a court, the person may
pay the amount specified in the notice and is not liable to any further
proceedings for the alleged offence.
(4)
The amount payable under a penalty notice issued
under this section is the amount prescribed for the alleged offence by the
regulations (not exceeding the maximum amount of penalty that could be imposed
for the offence by a court).
(5)
This section does not limit the operation of any
other provision of, or made under, this or any other Act relating to
proceedings that may be taken in respect of offences.
s 22B: Ins 1996 No
20, Sch 1 [7]. Subst 2017 No 63, Sch 3.10.
22CProof of certain matters not required
In any legal proceedings, proof is not required
(until evidence is given to the contrary) of—
(a)
the constitution of the Trust,
or
(b)
any resolution of the Trust,
or
(c)
the appointment of, or the holding of office by,
any trustee, or
(d)
the presence of a quorum at any meeting of the
Trust.
s 22C: Ins 1996 No
20, Sch 1 [7].
23Proceedings for offences
(1)
Proceedings for an offence against this Act or
the regulations may be disposed of summarily before the Local
Court.
(2)
Any such proceedings may only be commenced by
information laid within 12 months after the time when the offence is alleged
to have been committed.
s 23: Am 1999 No 31,
Sch 4.80; 2007 No 94, Sch 4.
24Transitional and other provisions
Schedule 3 has effect.
25Repeal of Act No 57, 1961
The Domain Leasing Act
1961 is hereby repealed.